WSR 23-05-015
EMERGENCY RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Order 23-18—Filed February 3, 2023, 12:04 p.m., effective February 3, 2023, 12:04 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: The purpose of this emergency rule is to open razor clam seasons for Copalis and Mocrocks beaches.
Citation of Rules Affected by this Order: Repealing WAC 220-330-16000T and 220-330-16000U; and amending WAC 220-330-160.
Under RCW
34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: Survey results show that adequate clams are available for recreational harvest in Razor Clam Areas 4 and 5. Washington department of health has certified clams from Razor Clam Areas 4 and 5 to be safe for human consumption. There is insufficient time to adopt permanent rules.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 1, Amended 0, Repealed 2.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: February 3, 2023.
Kelly Susewind
Director
NEW SECTION
WAC 220-330-16000URazor clams—Areas and seasons.
Notwithstanding the provisions of WAC 220-330-160, it is unlawful to take, dig for or possess razor clams taken for personal use from any beaches in any razor clam area except as provided for in this section:
(1) Effective 12:01 p.m. February 03, 2023, through 11:59 p.m. February 08, 2023, razor clam digging is permissible in Razor Clam Areas defined in WAC 220-330-160 during afternoon and evening tides on dates and times listed below:
Razor Clam Area | Date | Time |
Area 1 | Closed | Closed |
Area 2 | Closed | Closed |
Area 3 | Closed | Closed |
Area 4 | February 3, 5, and 7 | From 12:01 p.m. to 11:59 p.m. |
Area 5 | February 4, 6, and 8 | From 12:01 p.m. to 11:59 p.m. |
Area 6 | Closed | Closed |
Area 7 | Closed | Closed |
(2) It is unlawful to dig for razor clams at any time in the Long Beach and Copalis Beach Clam sanctuaries defined in WAC 220-320-130.
REPEALER
The following section of the Washington Administrative Code is repealed, effective immediately:
WAC 220-330-16000T | Razor clams—Areas and seasons. |
The following section of the Washington Administrative Code are repealed effective 12:01 a.m. February 9, 2023:
WAC 220-330-16000U | Razor clams—Areas and seasons. |
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.